Section 177: Report How Submitted
Code:
Section 176 of the BNSS (Bharatiya Nagarik Suraksha Sanhita) :
- Submission of Reports to Magistrate:
- Every report sent to a Magistrate under section 176 shall be submitted through a superior officer of police, if directed by the State Government.
- The State Government may, by general or special order, appoint such a superior officer for this purpose.
- Instructions by Superior Officer:
- The superior officer may issue instructions to the officer in charge of the police station as he deems appropriate.
- After recording these instructions on the report, the superior officer shall transmit the report without delay to the Magistrate.
Explanation:
This section deals with the procedure for submitting reports to a Magistrate under Section 176 of the BNSS. It outlines the process for transmitting such reports through a chain of command within the police force.
- Submission of Reports to Magistrate: Every report sent to a Magistrate under Section 176 must be submitted through a designated superior officer of police. This superior officer is appointed by the State Government through a general or special order.
- Role of Superior Officer: The superior officer is responsible for reviewing the report and providing instructions to the officer in charge of the police station. These instructions are recorded on the report before it is transmitted to the Magistrate.
- Transmission to Magistrate: Once the superior officer has reviewed the report and provided instructions, it is transmitted to the Magistrate without delay.
Illustration:
Let’s say a police officer investigating a case under Section 176 of the BNSS needs to submit a report to the Magistrate. According to this section, the report must be submitted through the Superintendent of Police (SP), who is the designated superior officer in this case. The SP will review the report and issue instructions to the officer. He would be in charge of the police station, before forwarding it to the Magistrate.
Common Questions and Answers:
Q: What is the purpose of this section?
A: This section ensures that all reports sent to a Magistrate under are reviewed by a superior officer before submission. This allows for quality control and ensures that the reports are complete and accurate.
Q: Who is the designated superior officer?
A: The State Government appoints a superior officer for this purpose through a general or special order. The identity of this officer can vary depending on the specific case and the jurisdiction.
Q: What happens if the superior officer fails to transmit the report to the Magistrate?
A: The failure to transmit the report within the stipulated timeframe can be considered a violation of the law. It may attract penalties.
